(1) The purpose of this chapter is to ensure that ICP activities associated with excavation and grading, such as infrastructure development and maintenance; building construction and renovation; and land development, redevelopment, or modification within the institutional controls administrative areas, provide for the construction and maintenance of contaminant barriers and implementation of other contaminant management requirements to preclude the release and migration of contaminants as necessary to protect public health and the environment. It is imperative that current and future development and construction activities proceed in a manner that minimizes the release of contaminants into the environment to minimize exposure to area residents, communities, workers involved in area project work, and environmental receptors and to complement existing land use regulations and permitting processes and provide a screening process to determine whether proposed activities are subject to this chapter.
(2)  It is the intent of the department to work with local governments, Idaho public health district No. 1, the United States environmental protection agency, federal land management agencies, the Coeur d’Alene Tribe, and private parties in managing contaminants within the regulated area by way of the ICP. This chapter establishes standards for barrier installation and maintenance and other contaminant management practices by:
(a)  Requiring ICP permits and requiring barriers for certain construction and excavation activities;
(b)  Licensing contractors, utilities, and government entities that may disrupt or construct barriers or otherwise disturb contaminants;
(c)  Adopting performance standards;
(d)  Inspecting for project compliance as required;
(e)  Regulating the movement and disposal of contaminants;
(f)  Making it unlawful to knowingly disrupt a barrier in a fashion likely to expose persons to contaminants;
(g)  Maintaining records of ICP activities, including a database tracking system to assist the public, lenders, and potential purchasers of property within the site;
(h)  Providing technical assistance and testing;
(i)  Providing health screening and intervention;
(j)  Ensuring a readily available repository for contaminants;
(k)  Providing materials to maintain and restore barriers for small projects;
(l)  Providing disposal containers to assist in removing contaminated soil for small projects and for transport and disposal of such soil;
(m)  Providing health and safety information and training to licensees and the public;
(n)  Providing plastic, gravel, and use of vacuums for interior projects; and
(o)  Maintaining guidelines for managing contaminants.
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Terms Used In Idaho Code 39-6804

  • Applicant: means any person, contractor, public utility, government, or other entity that is required to apply for an institutional controls program (ICP) permit. See Idaho Code 39-6803
  • Barrier: means any physical structure, material, or mechanism that acts to break the pathway between contaminants and human receptors, including but not limited to soil, crushed aggregate/gravel, asphalt and Portland cement concrete, fences, walls, floors, ceilings, access restrictions, or other structure or covering that separates contaminants from contact with people or keeps contaminants in place. See Idaho Code 39-6803
  • Building construction: means construction activity to be performed for any new structure involving disturbance of soil in excess of one (1) cubic yard. See Idaho Code 39-6803
  • Contaminants: means soil or other material containing, or likely to contain, concentrations of lead, arsenic, or cadmium as identified in the standards for contaminant management pursuant to this chapter. See Idaho Code 39-6803
  • Department: means the Idaho department of environmental quality. See Idaho Code 39-6803
  • Designee: means the entity responsible for implementing the requirements of this chapter as identified by the department through a formal agreement. See Idaho Code 39-6803
  • Disposal: means the placement of contaminants into an authorized repository. See Idaho Code 39-6803
  • Eligible properties: means residential properties and commercial properties within the institutional controls administrative areas for OU-1 and OU-2 that were maintained properties when the ROD for the OU was established, or maintained properties in OU-3 and existing as of March 27, 2007, and requiring remediation, but not yet remediated. See Idaho Code 39-6803
  • Excavation: means any digging, breaching, or disruption of soil or other protective barrier, not including cultivation of agricultural lands and gardens or mining activities regulated under other state and federal programs, that may release or expose contaminants to the environment. See Idaho Code 39-6803
  • Infrastructure: means facilities such as trails, roads, streets, highways, and bridges; stormwater, drinking water, and wastewater systems; flood prevention systems, including dikes and levees; and utilities, including electrical power and natural gas systems. See Idaho Code 39-6803
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Owner: means any person, partnership, or corporation having ownership, title, or dominion over property for which an ICP permit is required. See Idaho Code 39-6803
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Release: means any excavation, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing of contaminants into the environment. See Idaho Code 39-6803
  • Repository: means an authorized disposal location for contaminants that has been established by the department and the United States environmental protection agency. See Idaho Code 39-6803
  • Site: means the geographic area that includes the institutional controls administrative areas for OU-1, OU-2, and OU-3 within the Bunker Hill superfund site. See Idaho Code 39-6803
(3)  The department may delegate its authority to implement the ICP, as defined by this chapter, to a designee with local multi-jurisdictional authority through a formal agreement.
(4)(a)  This chapter does not apply to:
(i)   Operations undertaken at the direction of, under the supervision of, and subject to inspection by the United States environmental protection agency, including directing, supervising, and inspecting project work or on lands owned or otherwise under the jurisdiction, custody, and control of the Coeur d’Alene Tribe or the federal land management agencies such as the United States department of agriculture forest service and the bureau of land management; or
(ii)  The Union Pacific railroad or its contractors when conducting activities within the trail of the Coeur d’Alenes pursuant to the requirements of the consent decree entered August 25, 2000, by the United States district court for the district of Idaho (Case Nos. 91-0342 and 99-606).
(b)  This chapter does not address financial liability for contaminant management resulting from a failure of a CERCLA remedy due to a natural disaster.
(5)  Contaminant management on eligible properties will not require construction of final barriers in accordance with this chapter by the owner but may require dust, erosion, and health and safety and temporary cap controls to prevent further migration onto lands of others. Applicant performed soil testing will be conducted consistent with sampling and analytic procedures developed by the department.